Cough Syrup

In OCCA case No. RE 2002-0993, a person appealed their conviction for unlawful possession of methamphetamine. In a published decision, the court decided to reverse the revocation of the person's suspended sentence. One judge dissented. The case started when the person pled guilty in January 2000 and was given a ten-year suspended sentence, which meant they'd stay out of prison as long as they followed certain rules. However, in July 2002, the state claimed the person broke the rules by testing positive for methamphetamine during a drug test. During the hearing to decide if the suspended sentence should be revoked, the person's probation officer said that the test showed the person had methamphetamine in their system. The person then explained they had many health problems, including severe joint issues, high blood pressure, and a history of cancer. They also used a cough syrup prescribed by a doctor, which potentially contained ingredients that could cause a positive drug test. The probation officer, when asked, said he couldn’t be sure if the cough syrup was the reason for the positive test results. Because of this uncertainty about the cause of the positive test, the court found there wasn't enough proof that the person had broken probation rules. As a result, the court reversed the previous decision to revoke the suspended sentence, meaning the person did not have to serve that part of their sentence. The court instructed the lower court to dismiss the application to revoke.